2002-075NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDED PROFESSIONAL SERVICES
AGREEMENT WITH BIRKHOFF, HENDRICKS & CONWAY, L.L.P. (FORMERLY
SI-IIMEK, JACOBS & FINKLEA, L.L.P.), FOR ENGINEERING SERVICES PERTAINING
TO THE CONSTRUCTION PHASE AND FOR MATERIALS TESTING REGARDING THE
CITY OF DENTON NORTHWEST SERVICE AREA ELEVATED WATER STORAGE
TANK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council deems it in the public interest to continue to engage the
firm of Birkhoff, Hendricks & Conway, L.L.P. (formerly known as Shimek, Jacobs & Finklea,
L.L.P.), a Limited Liability Partnership, of Dallas, Texas ("BH&C"), to provide further
professional engineering services to the City pertaining to the construction phase and for
materials testing; together with the previously authorized preparation of construction plans and
specifications contained in the Professional Services Agreement ("Agreement") for the City's
Northwest Service Area Elevated Water Storage Tank; and
WHEREAS, the City Council on September 26, 2000 enacted Ordinance No. 2000-353,
which approved the City entering into the original Professional Services Agreement of even date
therewith; now there is a need for further professional services in the construction phase of the
Project; and these additional services are specifically set forth in the terms of the First Amended
Professional Services Agreement ("First Amendment"); and
WHEREAS, the City staff has reported to the City Council that there remains a
substantial need for the above-described professional services, and that limited City staff cannot
adequately perform the services and tasks with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act", generally provides that a City may not select a provider of
professional services on the basis of competitive bids, but must select the provider on the basis of
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the professional services, as set forth in the First
Amendment to Professional Services Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the City Manager is hereby authorized to execute a First Amendment
to Professional Services Agreement with Birkhoff, Hendricks & Conway, L.L.P., of Dallas,
Texas, for additional engineering services pertaining to the construction phase and for materials
testing for the City's Northwest Area Elevated Water Storage Tank, in substantially the form of
the First Amendment to Professional Services Agreement attached hereto and incorporated
herewith by reference.
SECTION 2: That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of BH&C and the ability of BH&C to
perform the professional services needed by the City for a fair and reasonable price.
SECTION 3: That the expenditure of funds as provided in the attached Professional
Services Agreement is hereby confirmed; additionally that the First Amendment, providing for
the expenditure of an additional $43,228.50 in funds is hereby authorized, totaling $76,828.50.
SECTION 4: That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the (-/~¢ dayof ~'ff~/~.~j ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
'ROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
S:\Our Do cu men ts\Ordinances\02~Birkhoff Hendricks & Conway LLP-Engr-NW Water Twr-First Amend PSA.doc
THE STATE OF TEXAS
COUNTY OF DENTON
FIRST AMENDED
AGREEMENT FOR PROFESSIONAL SERVICES
THIS FIRST AMENDMENT to that certain Professional Services Agreement,
executed September 26, 2000, heretofore entered into by and between the City of Denton,
Texas, a Texas Municipal Corporation with its offices at 215 East McKinney Street,
Denton, Texas 76201 (hereafter referred to as "CITY"); and the firm of Shimek, Jacobs
& Finklea, L.L.P., (now known by name change as "Birkhoff, Hendricks & Conway,
L.L.P."; hereafter referred to as "BH&C"), with its offices at 7502 Greenville Avenue,
Suite 220, Dallas, Texas 75231; acting herein by and through their respective duly
authorized signatories; and
NOW THEREFORE, the City of Denton, Texas and the firm of BH&C (hereafter
collectively referred to as the "PARTIES"), in consideration of their mutual promises and
covenants, as well as for other good and valuable considerations, do hereby AGREE to
the following amendments to the terms and conditions of the Professional Services
Agreement (hereafter the "Agreement") previously approved by the City Council on
September 26, 2000, in the amount of $33,600, and by Ordinance No. 2000-353, to wit:
That those additional "Basic Services" relative to the "Construction Phase" of the
Project (hereafter the '2qorthwest Service Area Elevated Water Storage Tank) set forth in
the Letter from Gary C. Hendricks, P.E. of BH&C to Timothy S. Fisher, P.E. of the
CITY, dated February 13, 2002, marked and attached as Exhibit I hereto, incorporated by
reference herein, shall also be performed by BH&C, for the additional sum of $13,200, as
provided by and in accordance with Article II. of the Agreement "Scope of Services" and
the other Articles of the Agreement.
II.
That those additional "Basic Services" set forth in the Letter and related
Attachment from Herbert C. Crowder, Quality Control Manager of Henley Johnston &
Associates, Inc. (hereafter "HJ&A"), Subcontractor, to Gary C. Hendricks, P.E. of
BH&C, for required inspection and testing of materials, dated January 11, 2002, marked
and attached as Exhibit II hereto, incorporated by reference herein, shall also be
performed by BH&C through its subcontractor, HJ&A, for the additional sum of
$30,028.50, as provided by and in accordance with Article IH of the Agreement
"Additional Services" and the other Articles of the Agreement.
III.
That the additional "Basic Services" described and set forth in Article II. above
shall be added to the heretofore original approved mount of $33,600 of the Agreement;
then the provisions of Article V.B. 1., final sentence, of the Agreement shall instead be a
lump-sm amount of $46,800, representing an additional $13,200 of compensation
payable by the CITY to BH&C, which reads as follows:
"OWNER agrees to pay to CONSULTANT for its professional services
performed, and for its out-of-pocket expenses incurred in the Project, a total
amount of $46,800."
Further, Additional Services set forth in Article III and other Articles of the Agreement
and modified by letter referenced in Article I above, are herby authorized; then the first
sentence of Article V.C. shall be modified to read as follows:
"For additional services outlined in "Exhibit B" attached hereto, consultant shall
be paid an amount not to exceed $30,028.50 for quality control and material
testing services provide by Henley-Johnston & Associates during the construction
phase of the project."
That the CONSULTANT regarding both the Agreement and this First Amended
Agreement shall be hereafter referred to as the firm of Birkhoff, Hendricks & Conway,
L.L.P., of Dallas, Texas, the successor by name change, to Shimek, Jacobs & Finklea,
L.L.P. of Dallas, Texas, the original CONSULTANT, who is no longer doing business.
The PARTIES agree, that except as specifically provided for by this First
Amended Agreement for Professional Services, that all of the terms, covenants,
conditions, agreements, rights, responsibilities, and obligations of the PARTIES set forth
in the Agreement, shall remain in full force and effect.
IN WITNESS WHEREOF, the City of Denton, Texas and the firm of Birkhoff,
Hendricks & Conway, L.L.P. have executed this First Amended Agreement for
Professional Services, in (4) original counterparts, by and through their r~pective duly
authorized representatives and officers on this the c~ day of
D~/~,(ffT~4 t ,2002.
2
"CITY"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By~~
C~y Manager ~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
"CONSULTANT"
ATTEST:
BIRKHOFF, HENDRICKS & CONWAY, L.L.P.
S:\Our D ocuments\C onhact s~02~Birkho ff Hendricks & Conway-First Amended PSA-NW Water Tow~r. doc
BIRKHOFF, HENDRICKS & CONWAY, L.L.P.
CONSULTING ENGINEERS
...................................... 7502 Greenville Ave., $220
Dallas, Texas 75231
Fax (214) 3614)204
February l3, 2002
Phone (214) 361-7900
Mr. Timothy S. Fisher, P.E.
Assistant Director of Water Utilities
City of Denton
901 A Texas Street
Denton, Texas 76201
Northwest Service Area Elevated Storage Tank
Engineering Services Agreement Amendinent
Purchase Order Number 11249
Dear Mr. Fisher
As you requested, we are pleased to submit this revision to our Engineering Services Agreement wifft the City of
Denton for the Northwest Service Area Elevated Storage Tank project, dated September 26, 2000 (Denton City
Ordinance Number 2000-353; Purchase Order Number 11249). This revision modifies the scope of our
engineering services as follows:
EXHIBIT "A"
SCOPE OF BASIC SERVICES
· PART III: CONSTRUCTION PHASE
Strike the task numbered 1 through 7 and replace with the following:
1. Review shop drawings and other submittal information that the Contractor submits. This review is for the
benefit of the Owner and covers only general conformance with information given by the Contract
Documents. The contractor is to review and stamp, their approval on submittals prior to submitting to the
Engineer. Review by the Engineer does not relieve the Contractor of any responsibilities, safety measures
or the necessity to construct a complete and workable facility in accordance with the Contract Documents.
2. Provide either written or verbal responses (as conditions dictate) to requests for information or
clar/fication to the plans to City or Contractor.
3. Provide wither written or verbal directives to the Contractor or City's representative regarflLng
interpretation of the pla~s, specifications and contract.
4. Prepare and process routine change orders for this project as they pertain to the orig/nal scope of services.
EXHIBIT !
Mr. Timothy S. Fisher, P.E.
Assistant Director of Water Utilities
City of Denton
February 14, 2002
Page Number 2
5. Prepare monthly pay requests form fi.om information received fi.om contractor. Review request and make
recommendation to the City for payment.
6. Accompany the City during their final walkthrough of the project and assist the City on the preparation of
the completion punch list.
7. Recommend final acceptance of the project based on information provided by the City's onsite
representative.
8. Review of Daily inspection and material test reports.
9. A representative of Birkhoff, Hendricks & Conway, L.L.P. will visit the site at appropriate intervals as
construction proceeds to observe progress and formulate opinion as to qualify of work as it relates to
contract documents. A milalmnm of twelve site visits will be conducted. A memorandum will be prepared
for each site visit indicating the engineer's observations and any on-site directive made. These visits
specifically exclude any responsibility by the Engineer for job safety or means and methods of
construction.
· PART IV: EXCLUSIONS
Strike items 7, 8, 9 & 10 fi.om this list of exclusions to the scope of services
For the additional services outlined above, we propose to/ncrease our Basic Services compensation by $13,200
making the revised lump sum amount for Basic $18,600. We propose Section "B" of Exhibit A to the original
agreement be modified as below to reflect this change.
SECTION "B"
PAYMENT SCHEDULE FOR BASIC SERVICES
Basic Services Phase Original Contract Additional Revised
Amount Amount of this Contract
(P.O. No. 11249) Amendment Amount
['art I - Design Phase
· Prerm-dnary Design $18,800 $0.00 $18,800
Final Design $ 8,100 $0.00 $8,100
['art II - Bidding Phase $1,300 $0.00 $1,300
?art III - Construction Administration $5,400 $13,200 $18,600
?base
rota~ Basic Services Fee (Parts I -III) $33,600.00 $13,200.00 $46,800.00
Mr. T/mothy S. Fisher, P.E.
Assistant Director of Water Utilities
City of Denton
February 14, 2002
Page Number 3
In addition to thc revised scope of basic services for contract administration, we have also received an updated
proposal from Henley Johnston & Associates, Inc. for the quality contzol and material testing portion of our
contract. A copy is enclosed for your review. Section "C" of Exhfoit "A" to our agreement provides that
additional services will be compensated for based on actual salary cost times a multiplier of 2.5 and expenses
billed at actual invoice times 1.15.
For the additional services provided by Henley Johnston & Associates, we hereby agree to bill the City of
Denton at actual invoice amounts times 1.0. Based on the Henley Johnston & Associates proposal, we
recoaal~end you budget in the range of $30,028.50 these additional services. Our original agr cement provided
an amount of $34,000 for these services.
If you are in agreement with the revised scope of engineering services and compensation amnunt, please have
one copy of this Engineering Services Agreement Amendment executed for the City of Denton and returned to
our office..
ACCEPTED FOR THE CITY OF DENTON
Date:
HENLEY
JOHNSTON
& ASSOCIATES, INC.
e~ineering ~osc~nce co~rtts
11 January2002
CiTY OF DENTON, TEXAS
thru:
BIRKHOFF, HENDRICKS & CONWAY, L.L.P
7502 Greenville Ave., #220
Dallas, Texas 75231
Attention: Mr. Gary C. Hendricks, P.E.
Dear Mr. Hendricks:
Quality Control Services
1.0 Million Gallon Elevated
Water Storage Tank
North Loop 288
Denton, Texas
Enclosed is our updated proposal for Quality Control Services during the construction
of the 1.0 Million Gallon Elevated Water Storage Tank off North Loop 288 in Denton,
Texas.
Henley-Johnston & Associates, Inc. will provide the necessary personnel to perform the
required inspection and testing on this project. The scope of the proposal is for full time
inspection and testing services for foundation piers and structural concrete. All other
items are on an "as needed" basis. Unit prices have been delineated on the attached
proposals, as well as the anticipated costs. Though current information available to this
office indicates that no masonry will be involved, unit prices for mortar and grout testing
have been provided should the planned construction be modified in the future. Please
be assured that we will make every effort to work within the budget estimate established.
We appreciate this opportunity to be of service to you, Please contact us if there are any
questions or if additional information is required.
Enclosure
Very truly yours,
Herbert C. Crowder
Quality Control Manager
Henley-Johnston & Associates, Inc.
telephone (214) 941-3808 fCL~ [214) 943-7645 235 Morgan Ave., IEaX~~-lO~
HENLEY
JOHNSTON
& ASSOCIATES, INC.
engineering geoscience consultants
QUAETY CONTROL PROPOSAL
"AS NEEDED' TESTING - COST ESTIMATE
TO:
FOR:
ITEM
NO. ITEM
ELEVATED STORAGE TANK
FOUNDATION PIERS (Full Time Inspection)
107 Sr. Inspectcr/Tanhnlcisn* 48 hr
108 Inspector/Technician 10 hr
225a Concrete cylin~em, c~rlng and bresklng 16 ua
225b Concrst~ cylinders, hold 0 ua
235 Field Concrete Slump As Required**
24a Trip Charge. 7 es
11 January 2002 1
City of Denton, Trams; tht'uc Blrkh~f, Flendriolm & Comuay, LL.P., Dallas, Texas
Quality Cont;ol Sewioes, North Loop 288 Elevated S~orage Tank, Denton, Texas
Pace 1 of 2
ESTIMATED
QUANTITY UNIT TOTAL
$4,5.00 $2,160.00
$35.0O $350.00
$14.00 $224.00
$10.00 $0.00
N~ N/C
$25.00 $175.00
CONCR~-m~- CONTROL - Structm'a] - Footings, Slab, Pedestal and Dome
107 Sr. Inspector/Technician* 144 hr
108 Inspector/Tanhniclan 22.5 hr
22,5a Concrete cylinders, curing and breaking 96 es
225b Concrete cylinders, hold 0 es
235 Fisld Concrete Slump As Required**
236 Field Air Content AS Required**
248 Trip Charges 25 ua
$4,5.00 $6,480.00
$35.00 $787.5O
$14.00 $1,344.00
$10.00 $0.00
N/O N/C
N/C N/C
~m NUCTURAL ~m ,-EL INSPEG'IION
100a Steel Inspector (Field)
109d Steel Inspector, X-ray
109o 8teem Ir~tor, Paint Inspection
248 Trip Charges
100 hr $40.00 $4,0e0.00
1 inv. co~t + 15% $1,000.00
1 inv. cost + 15% $4,500.00
20 es $25.00 $,500.00
ASSOCIATED CONSTRUCTION (Roadway, Fence, Utilities, Etc.)
EAR'II'IWORK
108 Inspector/Technician 80 hr $35.00 $2,800.00
~,~e Optimum Moisture, Stmdard Compacticr~ raw soil 3 ua $115.00 $345.00
222d Optimum Moisture, ~tandard Compa~tlor~ soil & lime 2 ea $135.00 $270.00
231 Field Density Tests 80 es $5.00 $400.00
248 Trip ci~arge$ 20 ea $25.00 ~,500.00
CONCRETE TESTING (Paving and Flatwork)
108 Insgentor/Technician*
225a Concrete cyllndem, cudng and breaking
225b concrete cylinders, hold
235 Field concrete Slump
236 Field Air content
248 Trip Ohargns
32 hr $05.00 $1,120.00
32 es $14.00 $448.00
0 es $10.00 $0.00
As Required** N/C N/C
Aa Required** N/C N/C
8 ua $25.00 $200.00
MORTAR
107 S~. Inspectcr/Tant~nicien 0 hr $45.00 $0.00
233c Mortar Cube~, curing and breaking 0 aa $12.00 $0.00
233d Grcot Prisms 0 es $16.00 $0.00
248 Trip Charges 0 ea $25.00 $0.00
REPORTS
106 Quality Control Manager . 15 hr $80.00 $1,200.00
103 Staff 8upport- drafting, typing, etc. 8 hr $45.00
104 Reproduc~on, in house 1600 es $0.15 $240.00
telephone (214} 941-3808 fox [214) 943-7645 235 Morgan Ave., Dallas, Texas 75203-1088
HENLEY
JOHNSTON
& ASSOCIATES, INC.
engineering geoscience consultants
QUALITY CONTROL PROPOSAL
· AS N~-i=uED' ll=~ lING - COST ESTIMAI~ t:
TO:
FOR:
ITEM
NO. ITEM
CONSULTAtiON AND CONFERENCES
100 Principal
106 Quality Conlrol Manager
109 Other Direct Expenses
11 January 2002
City of Denton, T~as; thr,,' Birktx~ff, Hendrlclm & Gonway, LLP., Dallas, Texas
Quality Control ~ewlces, North Loop 288 Elevated Storage Tank, Denton, Texua
Pa~e 2of2
ESTIMATED
QUANTITY UNIT TOTAL
0 hr $110.00 $0.0O
0 hr MO.(X) $0.0O
0 Inv Cost + 16% ~,0.00
ESTIMATED PROJEGT TOTAL
Rebar Inspection Included.
Included in Inspector/l'echn~clan time charges.
QUALIFICATIONS:
2.
3.
4.
5.
6.
See Coveling LettM.
Right of Entry and acaeso to site to be imovided by Client
All required Field 8uwey for venal end horizontal aontnd will be deten.lned by Client
Thb inve~iga~on InvolNe~ Quality Control 8eMoe. only; n~ onv~onmonteJ .tudiea of any nature awe In~uded.
C3ler~ reqMred ove~le and weekend ra~e MB be blled at 1 ~.5 #me~ the p(mted u~t rMel.
Ail Involaea are due upon reoetpt and I~yalfle wi~n 30 cky~ of date of
Quality Control Manager
Henley-Johnston & ._A~oc__.late& lnG.
ACCEPTED:
DATE:
telephone (214) 941.3808 fax (214) 943-7645 235 Morgan Aue.. Dallas. Texas 75203-1088
NO. F -dFd
AN ORDiNANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SHIMEK,
JACOBS 8, FINK.LEA, L.L.P., FOR ENGINEERING SERVICES PERTAINING TO THE
DESIGN OF AND TI-IE PREPARATION OF CONSTRUCTION PLANS AND
SPECIFICATIONS FOR THE CITY OF DENTON 900 SERVICES LEVEL ONE MIl&ION
GALLON ELEVATED WATER STORAGE TANK; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems it in the public interest to engage the firm of
Shimek, Jacobs & Finklea, L.L.P., a Limited Liability Partnership, of Dallas, Texas ("SJ&F"), to
provide professional engineering services to the City pertaining to the design of and the
preparation of construction plans and specifications for the City's approved, and to-be-
constructed, 900 services level one million gallon elevated water storage tank; and
WHEREAS, the City staffhas reported to the City Council that there is a substantial need
for the above-described professional services, and that limited City staff cannot adequately
perform the services and tasks with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act", generally provides that a City may not select a provider of
professional services on the basis of competitive bids, but must select the provider on the basis of
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of ~e professional services, as set forth in the Professional
Services Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the City Manager is hereby authorized to execute a Professional
Services Agreement with Shimek, Jacobs & Finklea, L.L.P., of Dallas, Texas, for engineering
services pertaining to the design of and the preparation of construction plans and specifications
for the City's 900 sen, ice level, one million gallon elevated water storage tank, in substantially
the form of the Professional Services Agreement attached hereto and incorporated herewith by
reference.
SECTION 2: That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of SJ&F and the ability of SJ&F to
perform the professional sertices needed by the City for a fair and reasonable price.
SECTION 3: That the expenditure of funds as provided in the attached Professional
Services Agreement is hereby authorized.
SECTION 4: That this ordinance shall become effective immediately upon its passage
and approval.
P^SSED~,~ ~PROV~D~s~e Aar3 dayof ~_~a~j ,20oo.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
S:\Our Document~\Ordinances\00kShimek Jacobs & Finklea PSA-Water-I MGD Elevated Tank.doc
STATE OF TEXAS
COUNTY OF DENTON
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES
PERTAINING TO THE DESIGN OF AND ~ PREPARATION OF CONSTRUCTION
PLANS AND SPECIFICATIONS FOR THE CITY OF DENTON 900 SERVICE LEVEL
ONE MILLION GALLON ELEVATED WATER STORAGE TANK
T~II~NT is made and entered into as of the c,~~L~
day
of
, 2000, by and between the City of Denton, Texa~, a Texas
Mun~ip~l Corporation, with its principal offices at 215 East McKinney Street, Denton, Texas
76201 (hereafter "OWNER") and Shimek, Jacobs & Finklea, L.L.P., a Limited Liability
Partnership, with its offices at 8333 Douglas Avenue, #820, Dallas, Texas 75225 (hereafter
"CONSULTANT"); the parties acting herein by and through their duly-authorized representatives
and officers.
WITNESSETH, that in consideration of the covenants and agreements herein contained, the
parties hereto do mutually AGREE as follows:
ARTTCT,~. T
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts w/th CONSULTANT, as an independent contractor, and the
CONSULTANT hereby agrees to perform the services herein in connection with the Project as
stated in the Articles to follow, with diligence and in accordance with the professional standards
customarily obtained for such sex'vices in the State of Texas. The professional services set forth
herein are in connection with the following described project (the "Project"):
The Project consists of preparation of plans and specifications for a one million gallon elevated
water storage tank and general engineering services to be rendered during the construction phase of
the Project. The CONSULTANT agrees to exercise the same degree of care, skill and diligence in
the performance of these services as is ordinarily provided by a professional consultant under
similar circumstances and the CONSULTANT shall, at no cost to OWNER, "re-perform" services
which fail to satisfy the foregoing standard performance.
ARTTCT,R TT
SCOPE OF SERVICES
The CONSULTANT shall perform the following Basic Services in a professional manner:
To perform those professional services as set forth in the "Task 1 - Scope of Basic Services-
900 Service Level Elevated Storage Tank," prepared by ENGINEER for OWNER which
document is attached hereto as Exhibit "A," and is incorporated herein by reference; which
document consists of nine (9) pages, and is comprised of four sections:
1 Pan I - Preparation of Plans and Specifications
2 Pan TI - Bidding Phase
3 Part 1]I- Construction Phase
4 Pan IV- Exclusions
5 Section "A"- Completion Schedule
6 Section "B" - Payment Schedule for Basic Services
If there is any conflict between the terms of tlfis Agreement and those Ex.h/bits attached to
this Agreement, the terms and conditions of ttfis Agreement shall control over the terms and
conditions of such Exhibits.
ARTTCT,F, 111
ADDITIONAL SERVICES
Any additional services to be performed by the CONSULTANT, if author/zed by the
OWNER, which are not included as Basic Services in the above-described Scope of Services, set
forth as provided by Article II. above, shall be later agreed-upon by OWNER and CONSULTANT,
who shall detem~ine, in writing, the scope of such additional services, the amount of compensation
for such additional services, and other essential terms pertaining to the provision of such additional
services by the CONSULTANT. OWNER and CONSULTANT have agreed that those additional
services items shown in Exhibit "B", incorporated herein by reference; and attached hereto are
"Additional Services", that are, services which CONSULTANT and OWNER may consider as this
angagement progresses.
ARTTCI,R IV
PERIOD OF SEKVICE
This Agreement shall become effective upon execution by the OWNER and the
CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in
fome for the period that may reasonably be required for the completion of the Project, including
Additional Services, if any, and any required extensions approved by the OWNER. This
Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the
essence in this Agreement. CONSULTANT shall make all reasonable efforts to complete the
services set forth herein as expeditiously as possible and to meet the schedule reasonably
established by the OWNER, acting through its Assistant City Manager of Utilities, or his designee.
ARTTCT,E V
COMPENSATION
A. COMPENSATION TERMS:
"Subcontract Expense" is defined as those expenses, if any, incurred by
CONSULTANT in the employraent of others in outside firms, for services in the area
o
of professional engineering, or related services. Any subcontract or subconsultant
billing reasonably incurred by the CONSULTANT in connection with the Project shall
be invoiced to OWNER at the actual cost.
"Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any
out-of-pocket expense reasonably incurred by the CONSULTANT in the performance
of this Agreement for long distance telephone charges, telecopy charges, messenger
services, printing and reproduction expenses, out-of-pocket expenses for purchased
computer time, prudently incurred travel expenses related to the work on the Project,
and similar incidental expenses incurred in connection with the Project.
B. B~L~GANDPAYMENT:
For and in consideration of the professional services to be performed by the CONSULTANT
herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion
of the basic services tasks set forth in the Scope of Services as shown in Article 11 above; as
follows:
1. CONSULTANT shall perform its work on this Project in accordance with the provisions
and the tasks set forth in Exhibit "A" - "Task 1" attached hereto and incorporated herewith
by reference. CONSULTANT shall perform the said professional senrices substantially in
accordance with the "Project Schedule" set forth in Exhibit "A" - Section "A".
CONSULTANT shall be paid for services rendered pursuant to the Agreement on the basis
set forth in the "Project Budget - Section B" set forth in Exhibit "A". OWNER agrees to pay
to CONSULTANT for its professional services performed, and for its out-of pocket expenses
incurred in the Project, a total Imp-sum amount of $33, 600.00.
2. Partial payments to the CONSULTANT will be made monthly in accordance with the
statements reflecting the actual completion of the basic services, rendered to and approved by
the OWNER through its Assistant City Manager for Utilities or his designee. However,
under no ckcumstances shall any monthly statement for services exceed the value of the
work performed at the time a statement is rendered. The OWNER may withhold the final ten
(10%) percent of the above not-to-exened amount until satisfactory completion of the Project
by the CONSULTANT.
3. Nothing contained in this Article shall require the OWNER to pay for any work which
is unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or his
designee, or which is not submitted by CONSULTANT to the OWNER in compliance with
the terms of this Agreement. The OWNER shall not be required to make any payments to
the CONSULTANT at any time when the CONSULTANT is in default under this
Agreement.
4. It is specifically understood and agreed that the CONSULTANT shall not be
authorized to undertake any work pursuant to this Agreement which would require additional
payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed
amount as stated hereinabove, without first having obtained the prior written authorization
from the OWNER. CONSULTANT shall not proceed to perform any services to be later
provided for under Article 1II. "Additional Services" without first obtaining prior written
authorization from the OWNER.
ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER
in Article 1II. hereinabove, CONSULTANT shall be paid based on a to-be-agreed-upon
Schedule of Charges. Payments for additional services shall be due and payable upon
submission by the CONSULTANT, and shall be in accordance with Article V.B.
hereinabove. Statements for basic services and any additional services shall be submitted to
OWNER no mom frequently than once monthly.
PAYMENT: If the OWNER fails to make payments due the CONSULTANT for
services and expenses within sixty (60) days after receipt of the CONSULTANT'S
undisputed statement thereof, the amounts due the CONSULTANT will be increased by the
rate of one percent (1%) per month fi'om and after the said sixtieth (60th) day, and in
addition, therea~er, the CONSULTANT may, after giving ten (10) days written notice to the
OWNER, suspend services under this Agreement until the CONSULTANT has been paid in
full for all amounts then due and owing, and not disputed by OWNER, for sendces, expenses
and charges. Provided, however, nothing herein shall require the OWNER to pay the late
charge of one percent (1%) per month as set forth herein, if the OWNER reasonably
determines that the CONSULTANT's work is unsatisfactory, in accordance with Article V.
B. of this Agreement, and OWNER has notified CONSULTANT of that fact in writing.
ARTICT,F, VI
OBSERVATION AND REVIEW OF ~ WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT
or any of its subcontractors or subconsultants.
ARTTCT,I~ VIT
OWNERSHIP OF DOCLrMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANTs
subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall
become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this pmjeet and OWNER's
use of these documents in other projects shall be at OWNER's sole risk and expense. In the event
the OWNEK uses the Agreement in another project or for other purposes than specified herein any
of the information or materials developed pursuant to this agreement, CONSULTANT is released
from any and all liability relating to their use in that project.
ARTTC~T .R VIII
INDEPENDENT COIYrF,.ACTOR.
CONSULTANT shall provide services to OWNER as an independent contractor, not as an
employee of the OWNER. CONSULTANT shall not have or claim any right arising t~om
employee status.
ARTi'CT J:. TX
INDEMNITY AGREEIvlENT
The CONSULTANT shall indenmify and save and hold harmless the OWNER and its
officials, officers, agents, attorneys and employees fi:om and against any and all liability, claims,
demands, damages, losses and expenses, including but not limited to court costs and reasonable
attorney fees incurred by the OWNER, and including without limitation damages for bodily and
personal injury, death, or property damage, resulting l~om the negligent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution,
operation, or performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not a
party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or
equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement,
including the defense of governmental immunity, which defenses are hereby expressly reserved.
ART¥CI.F. X
INSURANCE
During the pexfformance of the Services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in the State of
Texas by the State Insurance Board or any successor agency, that has a rating with A. M. Best Rate
Carriers of at least an "A-' or above:
Comprehensive General Liability Insurance with bodily injury limits of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and with property
damage limits of not less than $100,000 for each occurrence and not less than $I00,000 in the
aggregate.
Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each
person and not less than $500,000 for each accident and with property damage limits for not
less than $100,000 for each accident.
C. Worker's Compensation Insurance in accordance with statutory requirements and Employer's
Liability Insurance with limits of not less than $100,000 for each accident.
D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's
request to evidence such coverages. The insurance policies shall name the OWNER as an
additional insured on all such policies to the extent that is legally possible, and shall contain a
provision that such insurance shall not be cancelled or modified without thirty (30) days prior
written notice to OWNER and CONSULTANT. In such event, thc CONSULTANT shall,
prior to the effective date of the change or cancellation of coverage, deliver copies of any
such substitute policies, furnishing at least the same policy limits and coverage, to OWNER.
ARTTCT,~,, YI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under th/s Agreement by submitting the dispute
to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or
alternate dispute resolution arising out of or relating to, this Agreement involving one party's
disagreement may include the other party to the disagreement without the other's approval.
ARTTCT .~ XII
TERMINATION OF AGREEMENT
A. NOtwithstanding any other provision of this Agreement, either party may terminate this
Agreement by providing thirty- (30) days advance written notice to the other party.
This Agreement may be alternatively be terminated in whole or in part in the event of either
party substantially failing to fulfill its obligations under this Agreement. No such termination
will be effected unless the other party is given (1) written notice (delivered by certified mail,
return receipt requested) of intent to terminate and setting forth the reasons specifying the
nonperformance or other reason(s), and not less than ttfirty (30) calendar days to cure the
failure; and (2) an opportunity for consultation with the terminating party prior to
termination.
If the Agreement is t¢~,,inated prior to completion of the services to be provided hereunder,
CONSULTANT shall immediately cease all services upon receipt of the written notice of
termination from OWNER, and shall render a final bill for services to the OWNER within
twenty (20) days al~er the date of termination. The OWNER shall pay CONSULTANT for
all services properly rendered and satisfactorily performed, and for reimbursable expenses
prior to notice of termination being received by CONSULTANT, in accordance with Article
V. of this Agreement. Should the OWNER subsequently contract with a new consultant for
the continuation of services on the Project, CONSULTANT shall cooperate in providing
information to the OWNER and to the new consultant. If applicable, OWNER shall allow
CONSULTANT a reasonable time to transition and to turn over the Project to a new
consultant. CONSULTANT shall turn over all documents prepared or furnished by
CONSULTANT pursuant to this Agreement to the OWNER on or before the date of
term/nation, but may maintain copies of such documents for its files.
ARTTCT,I~, XZTIT
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute nor be deemed a release of the
responsibility and liability of the CONSULTANT, its officers, employees, agents, subcona'actors,
and subconsultants for the accuracy and competency of their designs or other work performed
pursuant to this Agreement; nor shall such approval by the OWNER be deemed as an assumption
of such responsibility by the OWNER for any defect in the design or other work prepared by the
CONSULTANT, its principals, officers, employees, agents, subcontractors, and subconsultauts.
AR"i'TCT,'F,, ~TV
NOTICES
All notices, communications, and reports required or permitted under t/tis Agreement shall be
personally delivered to; or telecopied to; or mailed to the respective parties by depositing same in
the United States mail at the addresses shown below, postage prepaid, certified mail, remm receipt
requested, un/ess otherwise specified herein.
To CONSULTANT:
To OWNER:
Shimek, Jacobs & Finklea, L.L.P.
Attn: Gary C. Hendricks, P.E.
8333 Douglas Avenue, #820
Dallas, Texas 75225
Fax: (214) 361-0204
City of Denton, Texas
Michael W. Jez, City Manager
215 East McKinney
Denton, Texas 76201
Fax: (940) 349-8596
All notices under this Agreement shall be effective upon their actual receipt by the party to
whom such notice is g/yen, or three (3) days after mailing of the notice, whichever event shall first
OCCID'.
ARTTCT ,~. XV
AGREEMENT
This Agreement consisting of ten (10) pages and two (2) exhibits constitutes the complete
and final expression of the Agreement of the parties and is intended as a complete and exclusive
statement of the terms of their agreements, and supersedes all prior contemporaneous offers,
promises, representations, negotiations, discussions, communications, understandings, and
agreements which may have been made in connection with the subject matter of this Agreement.
ARTTCT,~. 3Cv'r
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to
be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement,
and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall
reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a
valid and enforceable provision which comes as close as possible to expressing the original
intentions of the parties respecting any such stricken provision.
ARTTCT,~ ~
COM~LIANC~ ~ LAWS
The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and
ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read
or as they may hereafrer be amended.
ARTTCT.~. ~
DISCRIMINATION PROI-Y[BITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap.
ARTTCT,lq ~71X
PERSONNEL
CONSULTANT represents that it has or will secure at its own expense all personnel required
to perform all the services required under this Agreement. Such personnel shall not be
employees or officers of, nor have any contractual relations with the OWNER.
CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest
or potential conflict of interest that CONSULTANT may discover, or which may arise during
the term of this Agreement.
All services required hereunder will be performed by CONSULTANT or under its direct
supervision. All personnel engaged in performing the work provided for in this Agreement,
shall be qualified, and shall be authorized and permitted under state and local laws to perform
such services.
ARq'IcJ ,lq XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement and shall not transfer
any interest in this Agreement (whether by assignment, novation or otherwise) without the prior
written consent of the OWNER. CONSULTANT shall promptly notify OWNER of any change of
its name as well as of any significant change in its corporate structure or in its operations.
AR'T'TC~T.lq ~
MODIFICATION
NO waiver or modification of this Agreement or of any covenant, condition, limitation herein
contained shall be valid unless in writing and duly executed by the party to be charged therewith.
No evidence of any waiver or modification shall be offered or received in evidence in any
proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or
obligations of the parties hereunder, unless such waiver or modification is in writing, duly
executed. The parties further agree that the provisions of this Article will not be waived unless as
herein set forth.
ARTTCI ,lq 'XrXIT
MISCELLANEOUS
A. The following exhibit is attached to, incorporated within, and is made a part of this
Agreement for all purposes pertinent:
Bo
Exhibit "A" - Basic Services
Ex_h/bit "B" - Additional Services
CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the
final payment made by OWNER under this Agreement, have access to and the right to
examine any directly pertinent books, documents, papers and records of the CONSULTANT
involving transactions relating to this Agreement. CONSULTANT agrees that OWNER
shall have access during normal working hours to all necessary CONSULTANT facihties and
shall be provided adequate and appropriate working space in order to conduct examinations
or audits in compliance with this Article. OWNER shall give CONSULTANT reasonable
advance notice of all intended examinations or audits.
Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be governed by and construed in accordance with the
laws of the State of Texas.
For purposes of this Agreement, the parties agree that the key persons who will perform most
of the work under this Agreement shall be Gary C. Hendricks, P.E., Project Manager, and
John W. Birkhoff, P.E. This Agreement has been entered into with the understanding that the
two (2) above-stated employees of CONSULTANT shall perform all or a significant portion
of the work on the Project. Any proposed changes regarding change ofpersounel, requested
by CONSULTANT, respecting one or more of the two (2) above-stated employees, shall be
subject to the approval of the OWNER, which approval the OWNER shall not unreasonably
withhold. Nothing herein shall limit CONSULTANT from using other qualified and
competent members of its firm to perform the other incidental services required herein, under
its supendsion or control.
CONSULTANT shall commence, carry on, and complete its work on the Project with all
applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the
provisions hereof. In accomplishing the Project, CONSULTANT shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with related work being
carded on by the OWNER.
Thc OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal
all available information pertinent to the Project, including previous reports, any other data
relative to the Project and arranging for the access to, and make all provisions for the
CONSULTANT to enter in or upon, public and private property as required for the
CONSULTANT to perform professional sen, ices under this Agreement. OWNER and
CONSULTANT agree that CONSULTANT is entitled to rely upon information furnished to
it by OWNER without the need for further inquiry or investigation into such information.
G. The captions of this Agreement are for informational purposes only and shall not in any way
affect the substantive terms or conditions of this Agreement.
1N WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four
(4) original counterparts, by and through its duly-authorized City Manager; and CONSULTANT
has _e:~ec.~ted this Agreern,ent bD2 and.through its duly-authorized undersigned officer on this the
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
"CONSULTANT"
ATTEST:
By:~~~SHIMEK' JACOBS & EA, L.L.P.
By: . ~_
TASK "1"
SCOPE OF BASIC SERVICES
900 SERVICE LEVEL ELEVATED STORAGE TANK
PART I: PREPARATION OF PLANS AND SPECIFICATIONS
Preparation of plans, specifications and bidding documents for a 1-Million Gallon Composite
Elevated Tank based on the following items:
Specifications based on following standards:
i) American Water Works Association (AWWA)
ii) American Nation Standards Institute (ANSI)
iii) American Society of Testing Materials (ASTM)
iv) National Sanitation Foundation (NSF)
v) American Concrete Institute (ACI)
b)
Tank Accessories to include the following:
Pipe Connections
Overflow
Drain
Tank Ladders
Roof Hatches
Vent
Cathodic Protection
Valve & Electric Valve Operators
Wet Riser
Access and Trunk Doors
Antenna Bracket
Obsn-uction Light
Interior Light System
Exterior Light System
Electrical System
Chloramine Residual Analyzer
c) Provide engineering services for expanding the City's monitoring and control system in order to
connect the proposed tank to the SCADA system.
d) Provisions for site landscape screening along fence lines and reestablished grass at the site.
e) Provisions for concrete driveway to access tank truck door.
f) The Iimits of the property will be as shown on the records drawings provided by the City. No
additional field surveys will take place to establish property coruers. Information from record
drawings will be placed on the construction plans.
g) The benchmark on site will be verified by field surveys and tied to existing control provided by
the City of Denton.
h) The high-water level (HWL) as shown in the City of Denton's water distribution system master
plan, will be the high-water level of the proposed tank. The high water level shall be established
from a benchmark elevation as provided by the City of Denton. This high water level may be
reconfirmed by the City and changed prior to finishing the construction plans.
i) The coating system will not include red lead primer. Specifications will be prepared that will be
in conformance with the Texas Natural Resources Conservation Commission Regulations for
containment systems.
j) Plans and specifications will include provisions for erosion control devices to be erected as
required, along property lines.
k) Preparation of FAA Notice of Proposed Construction form for City execution as project
requirements dictate.
1) Construction Plan Sheets will be prepared at a scale of not less than 1" = 40' and will include a
Cover Sheet, Location Map and Sheet Index
m) Preparation of required Highway and Utility permits, as required
n) Coordination with other Utility Companies, as required
o) Design review meetings
p) Opinion of Probable Construction Estimate
q) Printing of preliminary plans and specifications for review by the City and Utility Companies
r) Design Surveys
Professional Servicex,4greeraent (05/19/0~) TasR i (Page
2) ENGINEER agrees to complete the design in accordance with the guidelines established by the City
of Denton Water Utilities Department to include, but not be limited to, the following:
a) Any and all items required by CITY as outlined by the Scope of Work shall be inked on the
original tracings by ENGINEER. Completed plans must be clearly legible and understood when
reproduced at one-half scale by reprographic methods.
b) ENGINEER shall prepare a separate cover sheet for the project.
c) ENGINEER shall prepare details or typical sections as may be required by CITY to accomplish
the work covered by this contract.
d) ENGINEER shall complete the design of non-standard structures required for this Project.
Actual design of the composite tank and tank structure shall be performed by the successful
bidder. ENGINEER shall delivery to CITY complete copies of design calculations for any and
all non-standard structures designed by ENGINEER. ENGINEER'S seal (dated and signed)
shall appear on all design calculations.
e) ENGINEER shall thoroughly check plans for completeness and accuracy.
f) ENGINEER shall seal, date and sign each sheet in the plan set. Consultant shall also seal, sign
and date the cover sheet and project specifications.
g) ENGINEER shall prepare two sets of construction specifications and contract documents. A
draft set of specifications will be submitted to the CITY for review. Upon receipt, the
ENGINEER will incorporate the CITY'S comments into the documents. Two (2) £mal sets of
construction specifications and contract documents will be delivered to the CITY for bid
advertisement.
h)
UPON COMPLETION OF PARTS 1) THROUGH 3), ENGINEER shall deliver to CITY
original tracings of construction plans, opinion of probable construction cost, special provisions,
preliminary plans, copies of all field work, and two (2) full-size sets of prints.
i) ENGINEER shall provide "record" drawings, prepared from the contractor's record drawings.
j) Submit floppy disk with design files in .DWG format. All construction plan sheets will be
prepared utilizing AutoCAD 2000 on Windows NT. No specific computer aided drafting and
ProfessionalSer~'ices.4greement (05/19/00J Taskl (Page3of 7)
design specifications will be utilized. One copy of electronic files of design plans will be
provided to the CITY under the following conditions:
i) The electronic files are compatible with AutoCAD 2000, operating on an IBM compatible
PC using Windows NT operating system.
ii) ENGINEER does not make any warranty as to the compatibility of these files beyond the
specified release of the above stated software.
iii) Because data stored on electronic media can deteriorate undetected or be modified, the CITY
agrees that the ENGINEER will not be held liable for completeness or correctness of
electronic media after an acceptance period of thirty days after delivery of these files.
iv) The electronic files are instruments of ENGINEER'S service. 'Where there is a conflict
between the hard copy drawings and the electronic files, the hard copy files will govern in all
cases.
v) Both parties acknowledge mutual non-exclusive ownership of the electronic files and each
party may use, alter, modify or delete the files without consequence to the other party.
vi) Ali electronic files provided to the CITY will not contain engineers seal, handwritten dates or
signatures.
f?~fe, ss!onal~[r~uces.4greement [05/19/00) Taskl {?age4of 7)
PART II: BIDDING PHASE
1) Preparing Addenum as necessary.
2) Attend a Pre-Bid Conference at the City of Denton facilities
3) Obtain the following information from the lowest bidder:
Past work history.
~> Physical resources to produce the project.
Formulate based on this information, an opinion from infonmation received and provide
the City a recommendation for award of the construction contract.
4) Attend a Pre-Construction Conference at City facilities including preparing a meeting
agenda.
Professionat Ser~'ices Agreement fOS/19/OOJ Task l fPage S of 7}
PART III: CONSTRUCTION PHASE
1)
Review the shop drawings and other submittal information which the Contractor
submits for the elevated storage tank. All other submittals and shop drawing review
will be conducted by the City of Denton. Our review of the elevated stoarage tank
design is for the benefit of the Owner and covers only general conformance with the
information given by the Contract Documents. Review of shop drawing submissions is
solely for their conformance with the design intent and conformance with information
given in the construction documents. ENGINEER shall not be responsible for any
aspects ora shop drawing submission that affects or are affected by the means, methods,
techniques, sequences and operations of construction, safety precautions and programs
incidental thereto, all of which are the Contractor's responsibility. Two copies of all
shop drawings in which no exceptions are taken by ENGINEER will be provided to the
City.
2) Provide written responses to requests made by the City of Denton for information or
clarification of the plans and specifications.
3)
The City of Denton agrees to negotiate and prepare routine change orders as required.
The ENGINEER agrees to review change order documents and provide the City any
opinions that may be warranted.
4) Accompany the City dur/ng their final inspection of the project.
5) Recommend final acceptance of work based on information provided by the City's
site representative.
6)
A representative of Shimek, Jacobs & Finklea, L.L.P., will visit the project on an "as
need" basis as construction proceeds to observe progress and formulate opinion as to
quality of work as it relates to contract documents. A minimum of four site visits will
be conducted by Shimek, Jacobs & Finklea' representatives.
7) Attend a final walk through of the completed project and assist the City in the
preparation of the completion punch lisT.
?ro£essional Services.qgreement (05119/009 Task J [?age 6 of D
PART IV: EXCLUSIONS
The intent of our scope of services is to include only the services specifically listed in Task 1 and Task 2
and none others. Services specifically excluded from the scope of services include, but are not
necessarily limited to the following:
1) Boundary surveys or title-searches
2) Environmental impact statements and assessments.
3) Fees for permits or advertising.
4) Detailed design of tank structure and foundation.
5) Certification that work is in accordance with plans and specifications.
6) Environmental cleanup.
7) Review of shop drawing submittals other than those specifically related to the structural design of
the eleveated storage tank.
8) Preparation or review of Monthly Pay Request
9) Review of Daily inspection test reports
10) Preparation of routine change orders
Professional Ser~ices A~reement (05/19/00) T~k l (Page - of ~
SECTION "A"
COMPLETION SCHEDULE
900 SERVICE LEVEL ELEVATED STORAGE TANK
Part I:
Preliminary Plans and Specifications .......... 90
Final Plans and Specifications .................... 30
calendar days after notice to proceed.
calendar days after review cormments
received from the City.
Part II: Bidding Phase ............................................. 45 calendar days from establishment of bid
date and project advertisement.
Part III: Construction Phase ...................................... 360 days after notice to proceed is provided to
· construction contractor.
Professional Services Agreement t'OS/19/OOd Section "A" (Page I of 1;
SECTION "B"
PAYMENT SCHEDULE FOR BASIC SERVCIES
900 SERVICE LEVEL ELEVATED STORAGE TANK
Our opinion of probable· construction cost for the basic Elevated Storage Tank construction is
$1,070,000. Engineering services described under Basic Services - Task 1 for the 1.0 Million Gallon
Composke Elevated Storage Tank, shall be paid on the total lump sum amount not to exceed $33,600.
The schedule for the basic services payment for Parts I through III shall be as follows:
Basic Services Design Fees:
· !) L0 Million Gallon
Basic Services Pha~& · . 'Elevated Si/irige Taflk
Part I - Design Phase
· Preliminary Design $18,800
· Final Design $8,100
Part II - Bidding Phase $1,300
Part Ill - Construction Administration Phase $5,400
Total Basic Services Fee (Parts ! through III) $33,600
· Basic services will be invoiced on a monthly basis, based on percent complete of plans.
· Bidding Phase services will be billed after completion of the Pre-Construction
Conference.
· Construction Administration services will be invoiced as a percent of construction
complete (dollar value).
?rofessional Services Agreement t~05/19100) Section "B" {?age 1 o£ 0
TASK "2"
ADDITIONAL SERVICES
900 SERVICE LEVEL ELEVATED STORAGE TANK
1)
2)
3)
4)
5)
6)
Provide Geotechnical Investigation, including three borings at the base of the proposed tank
structure, two copies of report will be provided to the City. Geotechnical services to be provided by
a sub-consultant contract with Henly Johnston & Associates, Inc.
Inspection - Quality Control & Materials Testing Services will be provided by Henley Johnston
Associates as a sub-consultant to this contract. The scope of services provided will be as follows:
Daily testing and inspection of steel erection and welds, including radiographic inspection. The
testing and inspection of steel erection and welding will be performed by an independent testing
and inspection firm contracted by the Engineer.
b) Daily inspection and testing of painting operation including blasting, mil thickness and holiday
testing.
c) Quality control and materials testing including optimum moisture/density, Atterburg limits,
field density test, pier inspectionj concrete testing and concrete mix design review.
Regulatory Assistance: During the course of the project, as requested by OWNER personnel, the
ENGINEER will be available to accompany OWNER personnel when meeting with the Texas
Natural Resource Conservation Commission, U.S. Environmental Protection Agency, or other
regulatory agencies. The ENGINEER will assist OWNER persormel on an as-needed basis in
preparing compliance schedules, progress reports, and providing general technical support for the
OWNER's compliance efforts.
Investigations involving detailed consideration of operation, maintenance and overhead expenses,
and the preparation of rate schedules, earnings and expense statements, feasibility studies,
appraisals, evaluations, assessment schedules, and material audits or inventories required for
certification of force account construction performed by the OWNER.
Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
Appearing before regulatory agencies or courts as an expert witness in any litigation with third
parties, including the preparation of engineering data and reports for assistance to the OWNER.
EXHIBIT B
Professional Sen, ices Agreement (0.5/19/00) Task 2 (Page l of l)
SECTION "C"
PAYMENT SCHEDULE FOR ADDITIONAL SERVICES
900 SERVICE LEVEL ELEVATED STORAGE TANK
Engineering services described under Task 2 - Additional Services for the: 1.0 Million Gallon
Composite Elevated Tank and the Offsite Water Lines; shall be considered additional services.
Additional Services shall be paid for based on actual salary cost times a multiplier 0f 2.5, with expenses
billed at actual invoice amount times 1.15. Based on the aniticpated level of work involvled, we suggest
the City of Denton budget the amounts outlined below for additional services:
Additional Services
1) Geoteclmical Evaluations (design phase) ........................................................ $7,700
2) Inspections, Quality Control and Material Testing:
a) Daily Steel Erection and Welding Inspection ........................................ $9,750 ~
{
b) Dally Blast and Paint Inspection ............................................................ ~,.., ma/~ ~].
c) Materials Testing and Quality Control ................................................ $22,150/
3) through 6) ............................................................................................... Not Funded
Subtotal, 1.0 Million Gallon Elevated Tank: ........................................ $41,700
Professional Services Agreement ?05/19/00j Section "C" ?Page I of I)